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AHMED E. SOUAIAIA

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Contesting Justice

Description:
Contesting Justice examines the development of the laws and practices
governing the status of women in Muslim society, particularly in terms
of marriage, polygamy, inheritance, and property rights. Ahmed E.
Souaiaia argues that such laws were not methodically derived from legal
sources but rather are the preserved understanding and practices of the
early ruling elite. Based on his quantitative, linguistic, and
normative analyses of Quranic texts—and contrary to the established
practice—the author shows that these texts sanction only monogamous
marriages, guarantee only female heirs’ shares, and do not prescribe an
inheritance principle that awards males twice the shares of females. He
critically explores the way religion is developed and then is
transformed into a social control mechanism that transcends legal
reform, gender-sensitive education, or radical modernization. To
ameliorate the legal, political, and economic status of women in the
Islamic world, Souaiaia recommends the strengthening of civil society
institutions that will challenge wealth-engendered majoritism, curtail
society-manufactured conformity, and bridle the absolute power of the
state.Reviews:
“This is the first study I have seen in which the author combines
expert knowledge of highly technical aspects of shari`ah, Islamic
hermeneutics, human rights, and social justice. Souaiaia speaks with
authority to a specialist Islamic sholar, while making his argument and
analysis clear and accessible to a general reader. This is an
informative and engaging book.” — Abdullahi Ahmed An-Na‘im, Emory University School of Law